When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

This is a different question. Is the government job also regarded as cap exempt non profit?

Thank you very much for your help! Our immigration gods bless you!

Best,

I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.

I work for an NPO too and here is what i know:

If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.

Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.

As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.

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letstalklc

11-24 03:47 PM

I just started using SBI global and I am happy with their services. One question though. I am sending money to my own account. I know we have to declare the accounts more than 10K. Is the interest earned on that money taxable in US ? Another question is , since we are here is that money taxable in India also ? If yes, how do we manage our indian taxes while living here(tax returns etc). Any help would be great.

I have SBI NRI account (You can only transfer USD, not sure about other currencies, but for sure you can't deposit India Rupees), for this account you dont need to pay any tax in India, whatever you transfer from here are alredy taxed, so dont worry, even you dont need to pay the tax on the earned interest from ur NRI account.

Please note that there is one more accout type exist for NRI, this account will allowed to deposit indian rupees, but you have to file taxes for the earned interest/income.

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Better_Days

11-03 06:20 PM

I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)

NOPE.

Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

Now nothing will get done, and they will have no reasons.

Welcome to world of politics my friend :)

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rrajasekar

09-02 09:42 AM

The office staff from our congressman tried their best and said they couldn't get it approved. However, my wife received the EAD with an approval date just the same day of previous expiry. It has been processed within 30 days. Either USCIS processed quickly or the request from congressman office at least brought our application to the top. Anyways, we are relieved. Good luck to you all.

so here is exact question , what about if i get GC approval before my PD gets current?

You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.

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bkarnik

04-17 03:37 PM

But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.

Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.

So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).

Is that understanding correct? - yes.

Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.

Are my assumptions correct?

Thanks much

check above -

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whitecollarslave

03-06 02:41 PM

I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...

What else we lose if we stand up the plate to express some legitimate concerns?

Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

Unless one has some compelling personal reasons, i do not see any thing wrong to raise the voice

--- Yes, once "They" identify "You" the consequences can be severe.:rolleyes: Beware! Big Brother is watching.

That is the reason I didn't support the US soccer team at World Cup. US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

Hilarious! Couldn't resist :o

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pbuckeye

06-25 02:45 PM

If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?

Could you confirm if you already submitted: 1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it? 2. Contact info of your supervisor at client site. I think this is very important.

My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

The USCIS returned the application asking us to re-send the application with a new check.

My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

All suggestions are highly appreciated.

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chaks7

01-20 11:24 AM

My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.

I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

Ony calcutta dates are available.

Can I book an emergency appointment in this situation?

I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

Extended h1b here in USA..Now going to India for the first time after visa expiry.

Also, for the stamping, should i carry all old LCA's or just the latest one?

Thanks, arthi

Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

Carry the Following Documents with You

Bring the following documents to your scheduled interview:

A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents. One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.

Note: Please obtain a new passport prior to your interview if:

- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

U.S. visas cannot be placed in damaged passports.

If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

Plus

I-797 - the original notice of approval, The complete I-129 petition submitted by your prospective employer including the Labor Condition Application The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant Original, plus one copy, of your work experience letters from your previous employers

First time applicants may consider submitting the following documents:

Pay slips from current or most recent place of employment Names and current phone numbers of the personnel managers at the applicant's present and past jobs Photographs of the inside and outside of current or most recent employer's place of business Names and contact information of two co-workers from your current or most recent place of employment Names and contact information of two co-workers from past jobs A complete resume/bio-data and cover letter describing current job duties in detail Personal bank records for the last six months US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

The Consulate will not accept documents received directly from the company by mail or fax.

If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.

All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

Good luck with the stamping and God bless.

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a_yaja

01-06 04:39 PM

My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

I would be very cautious about her overstayin without getting the extension in hand. I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it. The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good. If the officer is just doing his duty, he will not. The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa. And your mom-in-law mentioning the baby when she entered does not help at all. Overstay is still handled in an adhoc fashion at the airport counters. But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).

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eb3retro

07-16 01:27 PM

Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)

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aarzoo

02-02 06:33 PM

@clockwork: Can you suggest some good lawyer(s).

tejonidhi

11-27 10:35 AM

Hi, one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not. Thank you

TeddyKoochu

09-25 11:34 AM

I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP

I hope this happens, looks like in the current atmosphere there is a high likelihood of it happening as well. It will be a great step forward for people who missed Jul 07, it will be an opportunity for us to have EAD / AP and have a peep at the next step!